It depends what the reference would be.
"Hey, we cannot hit eachother, so let's NAP each other ok?" <--- Bad.
"Damn man I can't break you LOL" <--- fine.
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Thats wayyy too much interpretation on the part of the devs imo. Whether its true or not in this case, you could say whatever the hell you want to get a war/trick the opposition or do whatever it is you want. Theres so much diplomacy in this game, how on earth can the devs decipher your true intentions
Again, if it was an existing nap and it holds up during a war that breaks out, I fail to see the difference. If anything, that's worse.
Read it again ninja muscles:
"We communicated with eachother the first day of the age saying we had a province NAP. Then we ended up warring a month and a half later."
First day, a message was sent. Later, there was a war. The first day occured before the war, thus the message was sent before the war. During the war, the NAP held up.